General Terms and Conditions (GTC)
Status: September 2021
1 Scope of Validity
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online store comfosan.com (hereinafter referred to as "Online Shop").
The online store is operated by LIEMED AG (hereinafter "LIEMED").
LIEMED reserves the right to change these GTC at any time. The version of these GTC valid at the time of the order shall apply and may not be unilaterally amended for this order. Conflicting or deviating conditions of the customer will not be accepted.
The offer of products and services in the online store (hereinafter referred to as "offer"), is directed exclusively to a clientele with residence or company headquarters in Switzerland, Austria, Germany, or Liechtenstein.
Deliveries are made exclusively to addresses in Switzerland, Austria, Germany or Liechtenstein.
The offer is valid as long as the product can be found via the search engine in the online store and/or the stock lasts.
2.1 Product and price
Images of products in advertising, brochures, online store, etc. are for illustrative purposes and are not binding.
All sales prices published in the online store are final prices, which include taxes (in particular VAT), any advance recycling fees, and all other possible charges, fees, or costs. The only exception to this is a possible handling and shipping surcharge, which may be levied by LIEMED.
In addition to the final price, a handling and shipping surcharge may be levied. This will be pointed out at the time of the order.
LIEMED reserves the right to change the prices of the offered products and services at any time. The price in the online store at the time of the order is decisive for the conclusion of the purchase contract.
2.2 Availability and delivery time
LIEMED attaches great importance to indicating up-to-date and accurate availability and delivery times in the online store. However, especially due to production or delivery bottlenecks, delays in delivery may occur. All information on availability and delivery time are therefore without guarantee and may change at any time.
3 Conclusion of contract
The products and prices in the online store are considered as an offer. However, this offer is always subject to the condition that the contract is dissolved if delivery is not possible or the price is incorrect.
The purchase contract for products or services with LIEMED is concluded as soon as the customer places his order in the online store (hereinafter referred to as "purchase contract").
The arrival of an online order will be indicated to the customer by means of an automatically generated order confirmation sent by LIEMED to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product can actually be delivered. It merely indicates to the customer that the submitted order has been received by the online store and thus that the contract with LIEMED has been concluded under the condition of the possibility of delivery and the correct price indication.
4 Delivery date
With the order confirmation the customer will be informed of a provisional delivery date.
If LIEMED is in default of delivery, the Customer shall be entitled to withdraw from the contract as from the 30th calendar day after the originally announced delivery date. In this case LIEMED shall refund to Customer any amounts already paid in advance. There shall be no further claims against LIEMED.
For products and services of LIEMED all delivery and collection options are available to the customer, which are noted in the online store under "Delivery".
The delivery address of the customer must be easily accessible by truck in Switzerland, Austria, Germany, or Liechtenstein. If this is not the case, the customer bears any additional costs.
If the customer does not accept the ordered products on the agreed or indicated delivery date, LIEMED may terminate (cancel) the contract and charge the customer for the incurred delivery costs and any loss in value.
6 Duty to inspect
The customer must immediately inspect delivered or collected products for correctness, completeness, and delivery damage.
In the case of deliveries by forwarding agents, any delivery damage must be noted on the delivery bill.
Delivery damages, wrong and incomplete deliveries must be reported to LIEMED within 5 calendar days from the date of delivery. The customer is aware that such a report must be made via the personal customer account in the online store under the heading "Return and Warranty". He/she must keep the product as received in the original packaging and follow the instructions of the guided return and returns process under "Returns and warranty" in the personal customer account. Once opened packaging can no longer be returned.
LIEMED or the dealer, as the case may be, warrants the ordered product to be free from defects and in good working order for a period of 1 year after delivery. LIEMED may extend the warranty optionally by
- Replacement by a new product;
- credit note at the current price, (maximum the sales price at the time of the order); or
All further and in particular the legal provisions on warranty are excluded.
8 Liability and exclusion of liability
Liability shall be governed by the applicable statutory provisions. However, LIEMED shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profits, (iii) unrealized savings, (iv) damages resulting from delay in delivery and (v) any acts and omissions of LIEMED's auxiliary persons, whether contractual or non-contractual.
In addition, LIEMED disclaims liability in case of improper storage, adjustment or use of the Products in breach of contract or unlawful use.
9.1 Payment options
All claims for payment of products and services purchased through LIEMED's online stores will be made by LIEMED directly to the customer.
Payments must be made in Euro or Swiss Francs.
Customers may use the payment methods offered in the online store under "Payment Options".
The current payment method fees, which may be charged by LIEMED, can be seen under "Payment Options" and are shown in detail in the order process.
When paying by credit card or other instant means of payment, the charge will be made when the order is placed.
9.2 Default of payment
If the customer fails to meet its payment obligations in whole or in part, all outstanding amounts owed by the customer to LIEMED under any title shall become due immediately (in case of advance payment within 8 calendar days after the 1st reminder) and LIEMED shall be entitled to claim them immediately and to stop further deliveries of products to the customer.
LIEMED will charge a handling fee of €/CHF 10.- for the 2nd reminder and a handling fee of €/CHF 20.- for the 3rd reminder. In case of unsuccessful reminders, the invoice amounts can be assigned to a company entrusted with the collection. In this case, an additional annual percentage rate of up to 15% may be charged on the invoice amount owed from the due date. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
9.3 Retention of title
Ordered products remain the property of LIEMED until full payment has been made to LIEMED.
10 Modification of the order or cancellation
Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of orders by the clientele can be accepted by LIEMED at its discretion and a handling fee of 20% of the cancelled order value, but at least €/CHF 10 will be charged.
11 Return of defect-free goods
LIEMED grants the right to return the ordered products within a maximum of 30 calendar days under the conditions listed in the return policy.
The customer must declare the return of the products through the personal customer account or under the heading "Return and Warranty" on www.comfosan.com and return them according to the instructions described there. The products must be properly packed in the original packaging. Damaged or opened products will not be taken back or will be charged to the customer in full.
If the customer makes use of his right of return, LIEMED will refund the total purchase price less any shortage surcharge paid, and the return costs listed in the return policy.
In this context, the Customer warrants to LIEMED that the information and listing of the returned products according to the return form generated by the Customer in the return process is complete and accurate and that the return shipment actually contains the products designated in the return form. LIEMED has the right to check the information provided by the customer within the scope of spot checks.
12 Further Provisions
12.1 Non-assignable returns
Returns which cannot be assigned to a customer or which cannot be returned to the customer will be kept by LIEMED for two months and then disposed of.
12.2 Data protection
12.3 Partial invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
12.4 Place of jurisdiction and applicable law
All legal relations between LIEMED and the customer shall be governed by Liechtenstein substantive law. The Vienna Sales Convention shall not apply.
The following exclusive places of jurisdiction shall apply:
For all claims arising from sales contracts to which LIEMED is a party: For claims of consumers their domicile or Vaduz shall be the place of jurisdiction. In all other cases Vaduz is the exclusive place of jurisdiction.